The tariff classification of a woman's pajama bottom from India

NY K80202 November 25, 2003 CLA-2-62:RR:NC:N3:360 K80202 CATEGORY: Classification TARIFF NO.: 6208.91.3010 Ms. Tina DePriest Wal-Mart Stores, Inc. 601 N. Walton Bentonville, AR 72716-0410 RE: The tariff classification of a woman's pajama bottom from India Dear Ms. DePriest: In your letter dated October 15, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover. Style ST24706 is a woman’s pajama bottom constructed from 100 percent cotton woven fabric. The garment features an elasticized drawstring waist, a patch pocket on the upper left front and long hemmed legs with vents. The garment has an allover embroidered design. Based on the appearance of the garment and the manner in which you will market it we agree that style ST24706 is sleepwear. The applicable subheading for style ST24706 will be 6208.91.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The rate of duty will be 11.3 percent ad valorem. Style ST24706 falls within textile category designation 352. Based upon international textile trade agreements products of India are currently subject to quota restraints and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division